The Bill proposes a number of amendments to Part 3.6 of the Evidence Act 1995 (NSW) (“the Act”), in relation to tendency evidence and coincidence evidence admissible in civil and criminal proceedings. Admissibility – Application of Rules of Evidence 8.1 – 8.6 9. Practice relating to documents as evidence in legal proceedings in Australia is complicated and varies according to jurisdiction. The Nature of the Evidence to be Addressed in Writing 7.1 – 7.29 8. Evidence given by a witness of words spoken or written by another person (literally words that the witness has heard said). (a) to give evidence that is inadmissible under subsection (2) or (3), or (b) by or on behalf of the accused person, to give evidence that is or may be admissible under subsection (4) unless the court has previously decided that the evidence would, if given, be admissible. If the evidence is relevant both to a fact in issue AND credibility but inadmissible for its fact in issue purpose (due to the hearsay rule or the tendency and coincidence rules) again an exception to the credibility rule will be required (ss 101A and 102). At common law, secondary evidence of labels affixed to objects was admissible to identify the object (Commissioner for Railways (NSW) v Young (1962) 106 CLR 535 at 546, 548–549, 552–553, 556–557); but both the label itself and secondary evidence of its contents remained only hearsay evidence of the facts stated in the label. Introduction. 5. The Forum in which the Evidence is to be used – New South Wales and the Federal Court 5.1 – 5.17 6. The Relevance of the Form of the Hearing to the Form and Contents of the Written Evidence 6.1 – 6.19 7. (6) If the court is satisfied– inadmissible: That which, according to established legal principles, cannot be received into evidence at a trial for consideration by the jury or judge in reaching a determination of the action. The hearsay rule excludes hearsay evidence from admission under section 59 of the Evidence Act 1995 (NSW… Kenneth Bell was being held in prison awaiting trial on allegations of sexual assault, when he was savagely attacked on 16 June 2013, suffering a fractured eye socket, traumatic brain injury, and left in a coma for several days.. Due to his injuries, Mr Bell was assessed as unfit to stand trial. Hearsay evidence is not usually admissible in ordinary courts of law. If a party thinks that a cross-examination question asked by the other party invites inadmissible evidence, they may object to the question being asked and the judge or magistrate may disallow the question or allow the cross-examining party to proceed. The man, who cannot be identified for legal reasons, succeeded in having a key piece of evidence against him ruled inadmissible ahead of his trial in the NSW Supreme Court. Evidence, for example, that is obtained as a result of an unlawful Search and Seizure is inadmissible, as is Hearsay . Cross-examination must be done in a way that does not adduce inadmissible evidence. On 25 February 2020, the Evidence Amendment (Tendency and Coincidence) Bill 2020 (NSW) (“the Bill”) was introduced to the Legislative Assembly by Attorney General Mark Speakman. CCTV footage ruled inadmissible, house fire case dismissed. Relevance of the Form and Contents of the Written evidence 6.1 – 6.19 7 cctv footage ruled inadmissible house. – 7.29 8 ( literally words that the witness has heard said ) to be Addressed in Writing –! The witness has heard said ) cctv footage ruled inadmissible, house fire case dismissed Court 5.1 – 6! Evidence to be Addressed in Writing 7.1 – 7.29 8 the Relevance of Written... 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